# C_2009267EN.01001702.xml

| 7.11.2009 | EN | Official Journal of the European Union | C 267/17 |
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Judgment of the Court (Third Chamber) of 10 September 2009 — Commission of the European Communities v Kingdom of Belgium

(Case C-100/08)( 1 )

(Failure of a Member State to fulfil its obligations - Articles 28 EC and 30 EC - Protection of species of wild fauna and flora - Legislation on the keeping and marketing of birds born and bred in captivity legally placed on the market in other Member States)

2009/C 267/29

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán and R. Troosters, acting as Agents)

Defendant: Kingdom of Belgium (represented by: T. Materne, acting as Agent, G. Van Calster, avocat)

Re:

Failure of a Member State to fulfil its obligations — Infringement of Article 28 EC — Protection of species of wild fauna and flora — Prohibition to keep certain birds legally brought to the market in other Member States

Operative part of the judgment

The Court:

| 1. | Declares that the Kingdom of Belgium has failed to fulfil its obligations under Article 28 EC by
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making the import, keeping and sale of specimens of birds born and bred in captivity that were brought to the market legally in other Member States subject to restrictive conditions that require the market participants concerned to alter the marking of the birds so as to comply with the special Belgian legislative requirements, and failing to recognise the marking accepted in other Member States or certificates issued in accordance with Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein; and —
denying traders the possibility to receive exemptions from the prohibition to keep indigenous European birds which were brought to the market legally in other Member States. | — | making the import, keeping and sale of specimens of birds born and bred in captivity that were brought to the market legally in other Member States subject to restrictive conditions that require the market participants concerned to alter the marking of the birds so as to comply with the special Belgian legislative requirements, and failing to recognise the marking accepted in other Member States or certificates issued in accordance with Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein; and | — | denying traders the possibility to receive exemptions from the prohibition to keep indigenous European birds which were brought to the market legally in other Member States. |
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| — | making the import, keeping and sale of specimens of birds born and bred in captivity that were brought to the market legally in other Member States subject to restrictive conditions that require the market participants concerned to alter the marking of the birds so as to comply with the special Belgian legislative requirements, and failing to recognise the marking accepted in other Member States or certificates issued in accordance with Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein; and | | | | |
| — | denying traders the possibility to receive exemptions from the prohibition to keep indigenous European birds which were brought to the market legally in other Member States. | | | | |

| 2. | orders the Kingdom of Belgium to pay the costs. |
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( 1 )  OJ C 128, 24.5.2008.

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